Skip to content
S134Senate2013-2014 Session

Permits the sealing of records of certain nonviolent misdemeanor or nonsexual misdemeanor criminal offenses

Sponsor John L. SampsonSD-19+2 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
John L. Sampson

Senator · Senate District 19

History

  1. Referred to codes
  2. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S134

Title of bill

An act to amend the criminal procedure law and the executive law, in relation to permitting the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor offenses

Purpose

To allow the sealing of non-violent, non-sexual misdemeanor offenses.

Summary of provisions

The criminal procedure law is amended by adding 160.65 to allow the sealing of certain criminal records.

Section 1(a) defines the term "nonviolent misdemeanor".

Section 1(b) defines the term "non-sexual misdemeanor".

Section 2 indicates that any nonviolent, non-sexual misdemeanor offense is eligible for sealing.

Section 3 indicates the requirements for sealing of a record including that the individual has not been convicted of a felony or misdemeanor in the past 5 years.

Section 4 indicates that upon conviction for a sealable offense or being placed under supervision for a sealable offense the accused shall be informed by the court of the right to have the record sealed.

Section 5 describes the application procedure and the process for sealing. This section also indicates that once sealing is granted the individual shall not be required to divulge information that he/she has been convicted of the sealed offense.

Sections 6 through 7 describe the record-gathering and sealing processes as well as indicating who may have access to the sealed records.

Section 8 indicates that the sealed records will be restored and may be used against the individual if the person is subsequently convicted of any state or federal offense.

Justification

A misdemeanor offense can follow a person for the rest of his or her life. Even if he or she has fully reformed and committed no further criminal acts the record still exists and can for the basis for discrimination in employment or other areas. This bill would allow a person who has been convicted of a non-sexual, nonviolent misdemeanor offense to apply to the Court to have their record sealed. Once sealed, the former offender would have the right

to legally indicate "no" when asked if he/she has ever been convicted of the sealed misdemeanor. However, if the individual is subsequently convicted of a subsequent offense the record is unsealed and may be used against him/her.

Existing law

There is currently no process for the sealing of misdemeanor offenses.

Legislative history

S.682 of 2011 01/05/2011 REFERRED TO CODES

Fiscal implications

Unknown.

Local fiscal implications

Unknown.

Effective date

This act shall take effect on the 180th day after becoming a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.